Summary: We will not investigate this complaint about the Council causing Miss X a loss of earnings by not permitting other family members to care for foster children when she needed to work. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Miss X is represented by members of her family, Mr and Mrs X. On her behalf, they said the Council wrongly cost Miss X £1,800 in lost earnings because it told her she could not leave foster children with members of the family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When a person fosters young children, including those of their own family, a council cannot offer a guarantee that they will be able to leave them with members of the person’s family while they work. The Council in this case, which had concerns about some members of the family, would not be responsible for Miss X being unable to leave the children with them.

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Final decision

6. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman